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PEOPLE v. McDANIEL

54 A.D.3d 577 (2008)

863 N.Y.S.2d 210

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAR McDANIEL, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 9, 2008.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility. The People proved beyond a reasonable doubt that defendant displayed what appeared to be a firearm (Penal Law § 160.15 [4]). As defense counsel's own pre-charge comments make clear, the victim's demonstrations during her testimony...

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